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Smith v. Hy-Vee, Inc., No. 09-2631

By FindLaw Staff on October 12, 2010 | Last updated on March 21, 2019

Judgment for Defendant in Sexual Harassment Action Affirmed

In Smith v. Hy-Vee, Inc., No. 09-2631, an action for sexual harassment and retaliation in violation of the Missouri Human Rights Act, the court affirmed judgment for defendant where 1) plaintiff's supervisor treated all employees, both male and female, in the same vulgar and inappropriate way; and 2) plaintiff effectively waived any objection to defendant's motion in limine.

As the court wrote:  "Dru D. Smith brought suit against her former employer, Hy-Vee, Inc., alleging sexual harassment and retaliation in violation of the Missouri Human Rights Act (MHRA), Mo. Rev. Stat. §§ 213.055, 213.070. The district court granted summary judgment in favor of Hy-Vee on Smith's sexual harassment claim. At trial on the retaliation claim, the district court excluded evidence of specific instances and details of the alleged harassment. The jury returned a verdict in favor of Hy-Vee. Smith appeals, arguing the district court erred in granting Hy-Vee's motion for summary judgment on Smith's sexual harassment claim, excluding evidence of sexual harassment, and refusing to grant Smith a new trial. We affirm the judgment."

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